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14-50196 #19

14-50196 #19

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Published by Equality Case Files
#19 - Briefing Letter
#19 - Briefing Letter

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Published by: Equality Case Files on May 30, 2014
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06/25/2014

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United States Court of Appeals
FIFTH CIRCUIT OFFICE OF THE CLERK LYLE W. CAYCE CLERK TEL. 504-310-7700 600 S. MAESTRI PLACE NEW ORLEANS, LA 70130
May 30, 2014 Ms. Beth Ellen Klusmann Office of the Attorney General Office of the Solicitor General P.O. Box 12548 (MC 059) Austin, TX 78711-2548 Mr. Jonathan F. Mitchell Office of the Solicitor General for the State of Texas 209 W. 14th Street Austin, TX 78701-0000 Mr. Michael P. Murphy Office of the Attorney General Office of the Solicitor General P.O. Box 12548 (MC 059) Austin, TX 78711-2548 No. 14-50196 Cleopatra DeLeon, et al v. Rick Perry, et al USDC No. 5:13-CV-982 Dear Ms. Klusmann, Mr. Mitchell, Mr. Murphy, We have docketed the appeal as shown above, and ask you to use the case number in future inquiries. You can obtain a copy of our briefing checklist on the Fifth Circuit's website "www.ca5.uscourts.gov/clerk/docs/brchecklist.pdf". Briefing Notice. The record is complete for purposes of the appeal, see F
ED
R. A
PP
.
 
P. 12. Appellant's brief and record excerpts are due within 40 days of the date shown above, see F
ED
R. A
PP
.
 
P. & 5
TH
 C
IR
. R. 28, 30, and 31. See also 5
TH
 C
IR
. R. 30.1.2 and 5
TH
 C
IR
. R. 31.1 to determine if you have to file electronic copies of the brief and record excerpts. [If required,
electronic copies MUST be in Portable Document Format (PDF).
] Policy on Extensions. The court grants extensions sparingly and under the criteria of 5
TH
 C
IR
. R. 31.4. You must contact opposing counsel and tell us if the extension is opposed or not. 5
TH
 C
IR
. R. 31.4 and the Internal Operating Procedures following rules 27 and 31 state that except in the most extraordinary circumstances,
Case: 14-50196 Document: 00512647783 Page: 1 Date Filed: 05/30/2014
 
the maximum extension for filing briefs is 30 days in criminal cases and 40 days in civil cases. Reply Brief. We do not send cases to the court until all briefs are filed, except in criminal appeals. Reply briefs must be filed within the 14 day period of F
ED
R. A
PP
.
 
P. 31(a)(1). See 5
TH
 C
IR
. R. 31.1 to determine if you have to file electronic copies of the brief, and the format.
Brief Covers.
 THE CASE CAPTION(S) ON BRIEF COVERS MUST BE EXACTLY THE SAME AS THE CASE CAPTION(S) ON THE ENCLOSED TITLE CAPTION SHEET(S).
YOU WILL HAVE TO CORRECT ANY MODIFICATIONS YOU MAKE TO THE CAPTION(S) BEFORE WE SUBMIT YOUR BRIEF TO THE COURT.
 Dismissal of Appeals. The clerk may dismiss appeals
 without notice
 if you do not file a brief on time. Appearance Form. If you have not electronically filed a "Form for Appearance of Counsel", you must do so within 14 days from this date. You must name each party you represent, See F
ED
R. A
PP
.
 
P. and 5
TH
 C
IR
. R. 12. The form is available from the Fifth Circuit's website, www.ca5.uscourts.gov.
 New Guidance Regarding Citations in Pleadings.
 The court has approved an amendment to 5
TH
 C
IR
. R. 28.2.2 granting the Clerk the authority to create a standard format for citation to the electronic record on appeal. You must use the new citation format when citing to the electronic record on appeal. A.
 
In single record cases, use the short citation form, "ROA" followed by a period, followed by the page number. For example, "ROA.123." B.
 
For multiple record cases, cite "ROA" followed by a period, followed by the Fifth Circuit appellate case number of the record referenced, followed by a period, followed by the page of the record. For example, "ROA.13-12345.123." To receive the record for preparing your brief, counsel, including CJA attorneys, must provide the appropriate district court with a United Parcel Service, or similar commercial delivery service, account number. If you wish to receive exhibits, you must specifically request them. The district court will charge your account for shipping you the record on appeal. In the alternative, you may contact a local courier or attorney support services firm to pick up the record and ship it to you. CJA counsel may add these shipping fees to their vouchers.
Once you obtain the record, you should check it within 14 days of receipt for any missing or incomplete items. If you need to request a supplemental record or order transcripts, do so promptly. The court will not grant extensions of time to file your brief  because you did not timely check the record.
 
Case: 14-50196 Document: 00512647783 Page: 2 Date Filed: 05/30/2014
 
 Sincerely, LYLE W. CAYCE, Clerk By: _________________________
 
Sabrina M. Hains, Deputy Clerk 504-310-7632 Enclosure(s) cc w/encl: Mr. Barry Alan Chasnoff Mr. Michael P. Cooley Mr. Daniel McNeel Lane Jr. Mr. Matthew Edwin Pepping Ms. Jessica M. Weisel
Case: 14-50196 Document: 00512647783 Page: 3 Date Filed: 05/30/2014

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